Others

SpicyIP Tidbit: WIPO Launches Free Multilingual Terminology Database


One of the most important aspects of a patent system is touted to be the disclosure and subsequent usage/sharing of scientific and technological information that would help technological progress. The WIPO’s Pearl initiative is a step towards realizing this aim of patent law.  As stated “WIPO’s multilingual terminology portal gives access to scientific and technical terms derived from patent documents.  It helps promote accurate and consistent use of terms across different languages, and makes it easier to search and share…


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Trademark

Maintainability of Multiple Trademark Suits: Babu Chuna case


pan

The Gujarat HC while entertaining a writ petition in Radhe Krishna Products vs Parshottambhai Dharamshibhai Lunagriya, ruled on certain aspects of the Civil Procedure Code with regard to filing multiple passing off cases with regard to a particular trademark. The holding of this case is that if a person claims to have rights over the use of a particular mark (in this case the mark ‘Babu’), he is entitled to file separate suits, in different courts, for each mark the…


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Trademark

The Delhi HC rules on the Address of Service & Territorial Jurisdiction of High Courts


legalNotice

Jenson and Nicholson (I) Ltd v. The Joint Registrar of Trademarks and Anr. Read the decision here. Facts of the Case: The petitioners in this case, who were in the business of making paints and varnishes had filed for the registration of a mark ‘Umbrella Synthetic Enamel’ in the year 1998 for its enamel paints. The mark was advertised and there was an objection filed to its registration by another company. The Registrar sent a notice to the petitioners stating…


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Copyright Designs Geographical Indication Overlaps in IP Patent Trademark Uncategorized

Guest Post: Groundless threat of Infringement proceedings- A Comparison spanning a few India IP Legislations


groundlessthreat

Shashank Mangal is a fifth year student of ILS Law College, Pune. He is the Head Student Co-ordinator of the IPR Cell. Further, he is the author of quite a few IP papers and guest posts in SPICY IP. In this post, he discusses ‘groundless threat of infringement proceedings’ from the perspective of some of the IP statutes. Groundless threat of Infringement proceedings- A Comparison spanning a few India IP Legislations It’s always the patentees’, authors’, registered proprietors’ and all…


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Others

Call for Papers: Rajiv Gandhi School of IP Law’s ‘IIT Law Review’


rjsip

The Rajiv Gandhi School of IP Law has recently launched a journal that aims to foster legal research. The Call for Submissions for the inaugural issue of the Journal is reproduced below: IIT Law Review (IITLR) is the flagship Journal of Rajiv Gandhi School of Intellectual Property Law. IITLR is a Bi-Annual peer reviewed publication from Indian Institute of Technology Kharagpur.  Founded under the Patronage of Dr (Prof) P.P. Chakrabarty and the Dean of RGSOIPL, Dr (Prof) Khushal Vibhute as…


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Patent

Quia timet injunction storm: Delhi HC grants injunction against Ranbaxy in Galvus (Vildagliptin) case


Image from here

As the mint reports; in response to a quia timet suit filed by Novartis, the Delhi high court issued an order Restraining Ranbaxy from manufacturing and selling a generic version of Vildagliptin (Galvus). Interestingly the court observed the fact that Ranbaxy had applied for revocation of Novartis’ patent shows that the defendant (Ranbaxy) wants to launch the compound patented. Novartis was represented by senior advocate and former Solicitor General Gopal Subramanium and Ranbaxy was represented by senior advocate and former…


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Copyright Trademark

SpicyIP Tibdit: The Bombay High Court recognizes Candy Crush Saga’s IPR


An image from the popular game 'Candy Crush Saga'

King.com, the company which owns intellectual property rights over Candy Crush, was recently embroiled in a copyright infringement suit against the Apeejay Surendra Group, a business conglomerate in India. King.com (which was represented by law firm Khaitan & Co.) had filed a copyright infringement suit against Apeejay Surendra Group after King discovered that the latter had used the images of King’s Candy Crush game; the images had been used in online advertisements for a live music gig to be held…


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Others

SpicyIP TidBit: Indian Diplomat Naresh Prasad appointed as Assistant Director General of WIPO


wipo-logo

On 16th September, 2014, the World Intellectual Property Organisation (WIPO) came out with an announcement detailing who composes the new WIPO Senior Management Team. Among the new appointees is Mr. Naresh Prasad, who has been appointed as the Assistant Director General by Francis Gurry, the Director General of WIPO. Mr. Prasad, a graduate of St. Stephens College, New Delhi and a member of the Indian Administrative Services, had previously been serving as the Chief Of Staff at WIPO from the…


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Uncategorized

B Braun v PolyMed: Indian Poly Medicure wins medical device patent battle at EPO


shielded-catheter

As reported by the Economic Times, Poly Medicure (an Indian company that manufactures medical devices) has won a five year long patent battle against B Braun (German medical devices and pharma giant). The patent litigation revolved around B Braun’s patents that cover certain features of intravenous (IV) safety catheters. The EPO revoked two of Braun’s patents after which Braun appealed to the Board of Appeals. However, the appeal was dismissed and the patents of B Braun stand revoked. B Braun…


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Copyright Privacy

Superstar Rajinikanth moves Court over personality rights


rajinijoke1

In a highly interesting and novel development in the IP world, internationally acclaimed actor and cultural icon Rajinikanth has approached the Madras High Court to primarily stay the release and screening of the Hindi film ‘Main Hoon Rajinikanth’. This is among the few instances where a celebrity has invoked personality rights and its protection against infringement and the first in South India. (One other such instance was Titan Industries v. Ramkumar Jewellers, where the Delhi High Court recognized the personality…


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